BETH C. DRAIN, CA CSR NO. 7152 BEFORE THE INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE AND THE APPLICATION REVIEW SUBCOMMITTEE TO THE CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE ORGANIZED PURSUANT TO THE CALIFORNIA STEM CELL RESEARCH AND CURES ACT REGULAR MEETING LOCATION: 1999 HARRISON STREET SUITE 1650 OAKLAND, CALIFORNIA DATE: OCTOBER 31, 2019 9 A.M. REPORTER: BETH C. DRAIN CA CSR. NO. 7152 FILE NO.: 2019-16 1 133 HENNA COURT, SANDPOINT, IDAHO 83864 208-255-5453 208-920-3543 [email protected] BETH C. DRAIN, CA CSR NO. 7152 I N D E X ITEM DESCRIPTION PAGE NO. OPEN SESSION: 1. CALL TO ORDER 4 2. PLEDGE OF ALLEGIANCE. 4 3. ROLL CALL. 4 ACTION ITEMS: 4. CONSIDERATION OF ALLOCATION OF 23 REMAINING 2019 SCIENTIFIC RESEARCH BUDGET. 5. CONSIDERATION OF APPLICATIONS SUBMITTED 27 IN RESPONSE TO CLINICAL TRIAL STAGE PROJECTS (CLIN-1, 2 OR 3). 6. CONSIDERATION OF APPLICATIONS SUBMITTED 47 IN RESPONSE TO PARTNERING OPPORTUNITY: TRANSLATIONAL RESEARCH PROJECT. 7. CLOSED SESSION: NONE DISCUSSION OF CONFIDENTIAL INTELLECTUAL PROPERTY OR WORK PRODUCT, PREPUBLICATION DATA, FINANCIAL INFORMATION, CONFIDENTIAL SCIENTIFIC RESEARCH OR DATA, AND OTHER PROPRIETARY INFORMATION RELATING TO APPLICATIONS SUBMITTED IN RESPONSE TO AGENDA ITEM “5 AND 6” ABOVE. (HEALTH & SAFETY CODE 125290.30(F) (3) (B) AND (C)). ACTION ITEMS: 8., 9., 10. PROPOSED CONSENT CALENDAR 18 ADOPTION OF JUNE, JULY, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER, DECEMBER 2018, AND JANUARY, FEBRUARY, MARCH, APRIL, MAY, JUNE AND JULY 2019 MEETING MINUTES 2 133 HENNA COURT, SANDPOINT, IDAHO 83864 208-255-5453 208-920-3543 [email protected] BETH C. DRAIN, CA CSR NO. 7152 I N D E X (CONT'D.) APPOINTMENT OF SCIENTIFIC MEMBERS TO THE GRANTS WORKING GROUP. CONSIDERATION OF AMENDMENTS TO ADMINISTRATIVE FUNDS DONOR AGREEMENT AND DISCLOSURE OF FUNDS RECEIVED FROM DONORS. DISCUSSION ITEMS: 11. BRAIN HEALTH PRESENTATION. 82 12. USE OF PUBLIC FUNDS IN CONNECTION WITH 6 BALLOT MEASURE PRESENTATION. 13. ECONOMIC IMPACT REPORT PRESENTATION AND 125 DISCUSSION. 14. UPDATE ON DONATIONS RECEIVED BY CIRM. 19 15. CHAIRMAN’S REPORT. 125 16. PRESIDENT’S REPORT. 164 17. RESOLUTION FOR GRANTS WORKING GROUP 184 MEMBERS. 18. PUBLIC COMMENT. NONE 19. ADJOURNMENT. 188 3 133 HENNA COURT, SANDPOINT, IDAHO 83864 208-255-5453 208-920-3543 [email protected] BETH C. DRAIN, CA CSR NO. 7152 1 OAKLAND, CALIFORNIA; OCTOBER 31, 2019 2 9:06 A.M. 3 4 CHAIRMAN THOMAS: GOOD MORNING AND HAPPY 5 HALLOWEEN, EVERYBODY. WE ARE GOING TO START NOW. 6 WE ARE STILL WAITING FOR A MEMBER OR TWO TO JOIN, 7 BUT WE ARE GOING TO PROCEED HERE. MARIA, WOULD YOU 8 PLEASE LEAD US WITH THE PLEDGE OF ALLEGIANCE. 9 (THE PLEDGE OF ALLEGIANCE.) 10 CHAIRMAN THOMAS: THANK YOU, MARIA. WOULD 11 YOU PLEASE CALL THE ROLL. 12 MS. BONNEVILLE: GEORGE BLUMENTHAL. 13 DR. BLUMENTHAL: HERE. 14 MS. BONNEVILLE: LINDA BOXER. LARS 15 BERGLUND. 16 DR. BERGLUND: YES. 17 MS. BONNEVILLE: DEBORAH DEAS. 18 DR. DEAS: HERE. 19 MS. BONNEVILLE: ANNE-MARIE DULIEGE. JUDY 20 GASSON. 21 DR. GASSON: HERE. 22 MS. BONNEVILLE: DAVID HIGGINS. 23 DR. HIGGINS: HERE. 24 MS. BONNEVILLE: STEPHEN JUELSGAARD. 25 MR. JUELSGAARD: HERE. 4 133 HENNA COURT, SANDPOINT, IDAHO 83864 208-255-5453 208-920-3543 [email protected] BETH C. DRAIN, CA CSR NO. 7152 1 MS. BONNEVILLE: LINDA MALKAS. 2 DR. MALKAS: HERE. 3 MS. BONNEVILLE: DAVE MARTIN. 4 DR. MARTIN: HERE. 5 MS. BONNEVILLE: SHLOMO MELMED. 6 DR. MELMED: HERE. 7 MS. BONNEVILLE: LAUREN MILLER. 8 MS. MILLER: HERE. 9 MS. BONNEVILLE: ADRIANA PADILLA. JOE 10 PANETTA. FRANCISCO PRIETO. ROBERT QUINT. AL 11 ROWLETT. SUZANNE SANDMEYER. 12 DR. SANDMEYER: HERE. 13 MS. BONNEVILLE: JEFF SHEEHY. 14 MR. SHEEHY: HERE. 15 MS. BONNEVILLE: OSWALD STEWARD. 16 DR. STEWARD: HERE. 17 MS. BONNEVILLE: JONATHAN THOMAS. 18 CHAIRMAN THOMAS: HERE. 19 MS. BONNEVILLE: ART TORRES. 20 MR. TORRES: HERE. 21 MS. BONNEVILLE: KRISTINA VUORI. 22 DR. VUORI: HERE. 23 MS. BONNEVILLE: DIANE WINOKUR. DOUG 24 ZIEDONIS. 25 DR. ZIEDONIS: HERE. 5 133 HENNA COURT, SANDPOINT, IDAHO 83864 208-255-5453 208-920-3543 [email protected] BETH C. DRAIN, CA CSR NO. 7152 1 MS. BONNEVILLE: KEITH YAMAMOTO. 2 DR. YAMAMOTO: HERE. 3 CHAIRMAN THOMAS: THANK YOU VERY MUCH. 4 BECAUSE WE ARE STILL WAITING FOR A MEMBER OR TWO, WE 5 ARE GOING TO PUT THE ACTION ITEMS TO THE SIDE 6 MOMENTARILY AND PROCEED TO AN ITEM OR TWO ON THE 7 DISCUSSION AGENDA, STARTING WITH NO. 12, USE OF 8 PUBLIC FUNDS IN CONNECTION WITH BALLOT MEASURE, 9 PRESENTATION BY MR. HARRISON. 10 MR. HARRISON: GOOD MORNING, EVERYONE. 11 FOR THOSE OF YOU I HAVE NOT HAD A CHANCE TO MEET, MY 12 NAME IS JAMES HARRISON. I WAS FORMERLY GENERAL 13 COUNSEL OF THE AGENCY, AND I'M HERE TODAY TO TALK 14 ABOUT THE USE OF PUBLIC FUNDS IN CONNECTION WITH 15 BALLOT MEASURES. 16 A TIMELY TOPIC. AS MANY OF YOU LIKELY 17 KNOW, A MEASURE HAS BEEN SUBMITTED TO THE ATTORNEY 18 GENERAL'S OFFICE THAT WOULD PROVIDE $5.5 BILLION IN 19 GENERAL OBLIGATION BONDS FOR CIRM'S USE TO FUND STEM 20 CELL RESEARCH. AND THAT PUTS YOU, AS AN AGENCY, IN 21 A LITTLE BIT OF A TRICKY POSITION BECAUSE PUBLIC 22 AGENCIES, UNDER BOTH STATUTORY LAW AND THE 23 CALIFORNIA CONSTITUTION, ARE PROHIBITED FROM USING 24 THEIR RESOURCES TO ATTEMPT TO INFLUENCE THE VOTERS' 25 ACTIONS FOR OR AGAINST A BALLOT MEASURE. THAT 6 133 HENNA COURT, SANDPOINT, IDAHO 83864 208-255-5453 208-920-3543 [email protected] BETH C. DRAIN, CA CSR NO. 7152 1 DOESN'T MEAN THAT YOUR LIPS HAVE TO BE COMPLETELY 2 ZIPPED, BUT IT DOES MEAN THAT YOU HAVE TO BE 3 EXTRAORDINARILY CAREFUL TO MAKE SURE THAT YOU 4 APPROPRIATELY NAVIGATE THE SOMETIMES GRAY ZONES 5 DEFINING WHAT'S PERMISSIBLE AND WHAT'S IMPERMISSIBLE 6 FOR PURPOSES OF PUBLIC AGENCY ACTIVITY IN CONNECTION 7 WITH BALLOT MEASURES. 8 SO I'M GOING TO GO THROUGH A SUMMARY OF 9 THE LAW TODAY AND GIVE YOU SOME EXAMPLES. I'D 10 INVITE YOU TO ASK ME QUESTIONS AT ANY TIME, AND I'D 11 LIKE TO MAKE THIS AS INTERACTIVE AS POSSIBLE. 12 MY GOAL TODAY IS TO TRY TO MAKE SURE THAT 13 YOU UNDERSTAND BOTH THE BRIGHT LINES AS WELL AS THE 14 GRAY AREAS SO THAT YOU KNOW WHEN IT MIGHT BE 15 APPROPRIATE TO PAUSE BEFORE UNDERTAKING ACTIONS TO 16 SEEK GUIDANCE. AND IN PARTICULAR THE COURTS HAVE 17 DRAWN BOUNDARIES AROUND PUBLIC AGENCIES' USE OF 18 PUBLIC FUNDS. THIS IS, AGAIN, BOTH STATUTORY LAW AS 19 WELL AS CONSTITUTIONAL LAW OF THE CALIFORNIA SUPREME 20 COURT IN A DECISION ABOUT EIGHT YEARS AGO INVOLVING 21 THE CITY OF SALINAS WHERE THEY SET FORTH SOME 22 GUIDELINES. I WON'T SAY THEY'RE EXACTLY CLEAR 23 BECAUSE THEY'RE NOT ALWAYS, BUT THEY AT LEAST 24 IDENTIFY THREE CATEGORIES OF ACTIVITIES: THOSE THAT 25 WERE CLEARLY IMPERMISSIBLE, SO FLAT OUT CAMPAIGN 7 133 HENNA COURT, SANDPOINT, IDAHO 83864 208-255-5453 208-920-3543 [email protected] BETH C. DRAIN, CA CSR NO. 7152 1 ACTIVITIES; THOSE THAT ARE PERMISSIBLE, SUCH AS 2 PROVIDING INFORMATION TO MEMBERS OF THE PUBLIC 3 THAT'S FACTUAL IN NATURE AND OBJECTIVE; AND THEN 4 THERE ARE THOSE CATEGORIES OF ACTIVITIES THAT FALL 5 IN A GRAY ZONE WHERE THE COURTS AND THE ATTORNEY 6 GENERAL WILL CONSIDER THINGS LIKE THE STYLE, TENOR, 7 AND TIMING OF THE COMMUNICATIONS AT ISSUE. 8 SO THE CLEARLY IMPERMISSIBLE CATEGORIES 9 INVOLVE THINGS THAT YOU WOULD PROBABLY EXPECT. 10 OBVIOUSLY YOU ARE PROHIBITED FROM EXPLICITLY 11 ADVOCATING FOR A VOTE ON A BALLOT MEASURE. THE 12 AGENCY IS PROHIBITED FROM PRODUCING WHAT ARE 13 REFERRED TO AS TYPICAL CAMPAIGN MATERIALS. AND 14 THESE WOULD BE THINGS LIKE BUMPER STICKERS, YARD 15 SIGNS, TV AND RADIO SPOTS. AND THE AGENCY IS ALSO 16 PROHIBITED FROM COORDINATING WITH THE BALLOT MEASURE 17 COMMITTEE TO MAKE EXPENDITURES IN SUPPORT OF OR IN 18 OPPOSITION TO A MEASURE, BUT THAT DOESN'T MEAN THAT 19 THE AGENCY CAN'T DO ANYTHING. 20 THE COURTS HAVE IDENTIFIED AREAS THAT ARE 21 CLEARLY PERMISSIBLE, AND THESE LARGELY REVOLVE 22 AROUND INFORMATIONAL ACTIVITIES. SO OBVIOUSLY AS AN 23 AGENCY CHARGED WITH DISBURSING THE ORIGINAL $3 24 BILLION THAT WAS ALLOCATED TO CIRM, CIRM HAS A LOT 25 TO SAY ABOUT STEM CELL RESEARCH. AND THE FACT THAT 8 133 HENNA COURT, SANDPOINT, IDAHO 83864 208-255-5453 208-920-3543 [email protected] BETH C. DRAIN, CA CSR NO. 7152 1 THERE IS A BALLOT MEASURE PENDING DOESN'T MEAN THAT 2 CIRM NEEDS TO STOP PROVIDING INFORMATION ABOUT WHAT 3 THE AGENCY DOES, WHAT IT'S FUNDED, AND WHAT ITS 4 PLANS ARE FOR THE FUTURE. 5 SO THE AGENCY IS PERMITTED TO PREPARE 6 REPORTS AND ANALYSES INCLUDING OF THE MEASURE 7 ITSELF. IT IS FREE TO PROVIDE THE PUBLIC WITH 8 INFORMATIONAL MATERIAL, INCLUDING FACT SHEETS, ABOUT 9 THE MEASURE. AND YOU, AS A BOARD, ARE PERMITTED IN 10 AN OPEN, NOTICED PUBLIC MEETING TO DEBATE THE 11 MEASURE AND TO TAKE A POSITION ON IT IF YOU WISH TO 12 DO SO IN SUPPORT OR IN OPPOSITION. AS LONG AS 13 THAT'S DONE IN AN OPEN, PUBLIC MEETING AND THE 14 AGENCY DOESN'T SUBSEQUENTLY SPEND FUNDS TO PUBLICIZE 15 THE BOARD'S ACTION, IT'S PERMISSIBLE FOR A PUBLIC 16 AGENCY BOARD TO TAKE A POSITION ON A BALLOT MEASURE. 17 SO THERE ARE SOME GRAY AREAS THAT I 18 MENTIONED, AND THESE INVOLVE CONSIDERATIONS OF 19 STYLE, TENOR, AND TIMING. SO AS A BACKDROP, THE 20 CITY OF SALINAS WAS CONFRONTED WITH A 21 VOTER-CIRCULATED MEASURE THAT WOULD HAVE REPEALED 22 THE CITY'S USERS TAX, WHICH WOULD HAVE BLOWN A 23 SIGNIFICANT HOLE IN THE CITY'S BUDGET.